- 1 - HC-KAR NC: 2025:KHC:51524 CP No. 196 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL PETITION NO. 196 OF 2025 BETWEEN: 1. ASHWINI PADIYAR D/O SATHISH PADIYAR, AGED ABOUT 40 YEARS, FLAT NO.106, TOWER B, MANDOVI PRINCE PALACE, HANUMANTHA NAGAR, UDUPI, DAKSHAN KANNADA - 576 102 AS PER G AND WC NO.37/2025, R/AT 1206, RAM SRIDHAR APARTMENT, 16TH MAIN, BTM 2ND STAGE, NEAR UDUPI GARDEN SIGNAL BTM LAYOUT, BANNERGHATTA ROAD, BENGALURU - 580 076 …PETITIONER (BY SMT. SHWETHA NAYAK, ADVOCATE FOR SRI. DHANANJAY KUMAR, ADVOCATE) AND: 1. KUMBLE AMRITH PRABHU S/O K. SRINIVAAS PRABHU, AGED ABOUT 44 YEARS, R/AT A3-172, DLF WESTEND HEIGHTS, BEGUR, AKSHAYANAGAR, BENGALURU - 560 068 …RESPONDENT (BY SMT.TEJASHRI INDER FOR SRI. KAPIL DIXIT, ADVOCATES) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:51524 CP No. 196 of 2025 THIS CIVIL PETITION IS FILED UNDER SEC. 24 OF THE CIVIL PROCEDURE CODE. 1908 PRAYING TO TRANSFER THE CASE IN G AND WC. NO. 37/25 PENDING ON THE FILE OF THE V ADDITIONAL PRINCIPAL JUDGE FAMILY COURT AT BENGALURU TO THE FAMILY COURT AT UDUPI DISTRICT TO BE HEARD AND DECIDE ON MERITS AT UDUPI TO SECURE THE ENDS OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER 1. Heard Sri. Dhananjay Kumar, learned counsel for the petitioner and Sri. Kapil Dixit, learned counsel for the respondent. 2. Present Petition is filed by the wife under Section 24 of the Code of Civil Procedure against her husband with the following prayer by the mother of the minor girl against her husband: "Transfer the case in G.& WC No.37/2025 pending on the file of Vth Addl. Principal Judge Family court at Bengaluru to the Family Court at Udupi District to be - 3 - HC-KAR NC: 2025:KHC:51524 CP No. 196 of 2025 heard and decide on merits at Udupi to secure the ends of justice and equity. 3. Facts in brief which are not utmost necessary for the disposal of the present petition are as under: 3.1 On account of strained matrimonial relationship, there are matrimonial proceedings pending between the parties and so also a case for custody of the minor child filed before the Family Court, Bangalore by the husband. 3.2 The same is sought to be transferred to the Court at Udupi where the child is now residing. 4. Grounds of transfer is opposed by the counsel for respondent/husband. 5. Counsel for petitioner submits that per se, Court at Bangalore has no jurisdiction to try the case at Bangalore on account of the fact that the child is residing in Udupi. - 4 - HC-KAR NC: 2025:KHC:51524 CP No. 196 of 2025 6. At the most it can be a defence before the Family Court. Family Court at Bangalore shall decide such an application if filed by the petitioner regarding the jurisdiction as a preliminary issue. Wife/petitioner can participate in the proceedings through video conference and Trial Court shall permit her on such application. 7. With that direction, the following Order: ORDER Civil Petition is dismissed. Sd/- (V SRISHANANDA) JUDGE SNC ct:SG List No.: 1 Sl No.: 28